§ 40.1-26-2. Definitions.
As used in this chapter:
(1) "Advocate� means: (i) A legal guardian; or (ii) An individual acting on behalf of
a person with a developmental disability in a manner clearly consistent with the interests
of the person with a developmental disability and includes a family member, friend,
or professional advocate. Whenever possible, an advocate should be selected by the
person with a disability.
(2) "Agency� means any person or organization that provides day-program services, residential
services, support services, or advocacy services for persons with developmental disabilities,
and that is licensed by the department of behavioral healthcare, developmental disabilities
and hospitals pursuant to § 40.1-24-1 et seq.
(3) "Applicant� means any person with a developmental disability who has applied for services
from the division of developmental disabilities and/or any agency licensed by the
department of behavioral healthcare, developmental disabilities and hospitals pursuant
to § 40.1-24-1 et seq.
(4) "Aversive interventions� means a class of stimuli that are followed by escape or avoidance
response.
(5) "Behavioral treatment intervention� means any intervention or treatment to develop
or strengthen adaptive appropriate behaviors through the application of behavioral
interventions and to simultaneously reduce the frequency of maladaptive or inappropriate
behaviors. Behavior interventions encompass interventions, which refer to purposeful,
clinical manipulation of behavior.
(6) "Competent� means the ability to understand the likely risks and benefits of a procedure
or plan when the risks and benefits are presented to the participant in a manner most
likely to be understood by the participant in light of his or her cognitive abilities
and learning style.
(7) "Department� means the department of behavioral healthcare, developmental disabilities
and hospitals.
(8) "Developmental disability� means a severe chronic disability that is attributable
to a mental or physical impairment or combination of impairments; is manifested before
the person attains age twenty-two (22); is likely to continue indefinitely; results
in substantial functional limitations in three (3) or more of the following areas
of major life activity: self-care, receptive and expressive language, learning, mobility,
self-direction, capacity for independent living, economic self-sufficiency; and reflects
the person's need for a combination and sequence of special, interdisciplinary or
generic care, treatment, or other services that are of lifelong or extended duration
and are individually planned and coordinated.
(9) "Individualized plan� means the personalized document that describes an individualized
profile of the participant highlighting his or her capabilities, preferences, and
interests. The plan describes specific supports in the areas of vocational, social,
medical, supported living, and rehabilitation required to meet the specific needs
of the participant. The plan includes quality indicators that demonstrate the plan
has met the expectations of the participant and the participant is satisfied with
the support services he or she is receiving; provided, however, that authorizations
for services and funding issued prior to July 1, 2011, are null and void. Authorizations
for services will be paid at the rate effective when in the quarter the service was
provided.
(10) "Participant� means any person eighteen (18) years or older, with a developmental
disability who receives services from the division of developmental disabilities and/or
an agency licensed by the department of behavioral healthcare, developmental disabilities
and hospitals.
(11) "Relative� means a member of the participant's or applicant's family who has been
actively involved in the participant's or applicant's life; has an ongoing relationship
with the participant or applicant; and is supportive in a manner clearly consistent
with the best interests of the participant or applicant.
(12) "Seclusion� means placing a participant alone in a locked room without supervision.
(13) "Serious incidents� means any situation involving a person with developmental disabilities
in which the person:
(i) Has sustained an injury that requires medical care or treatment beyond routine first
aid;
(ii) Has been missing;
(iii) Has died;
(iv) Has been involved in a criminal act; or
(v) Has been subject to a medication error.